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In a dispute involving insurance liability coverage, district court's grant of summary judgment for plaintiff is affirmed where: 1) the cotton was in defendant's custody, control and care at the time of the property-damaging occurrence and thus the control and care exclusion in the insurance policy issued by plaintiff applied; and 2) the damage to the cotton was not covered by defendant's agribusiness insurance policy as the defects, errors and omissions exclusion in the policy applies and precludes coverage of the loss.
Appeal from the United States District Court for the Eastern District of Missouri.
Submitted: January 16, 2009
Filed: July 1, 2009
Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.
Opinion by LOKEN, Circuit Judge.